Dissertations / Theses on the topic 'La protection juridique'
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Mallea, Philippe. "La protection juridique des logiciels." Paris 5, 1988. http://www.theses.fr/1988PA05D008.
Full textThis thesis setsout to analyse and evaluate the means through which french law assures the legal protection of software. In the first section, the individual ways of protection (patent and coprigthts) are analysed and compared to solution adopted abroad. Different conclusions drawn show the patent to be sure and efficient in theory, but, when put into practice its awkwardness renders it almost unusable. On the other hand copyrights are an easy means of protection. Whose efficiency varies according to the legislation of the country involved. In the united-states for example an amendment to the copyright act assures good protection of americain software. However protection of software through copyrights in france has remained mediocre it in spite of the specific measures that have been taken. In fact only 2% of software would benefit from this protection unless we were to change completly the french idea of "originality". In the second section, non individual means of protection will be studied and particular attention will also be given to unfair competition practices which could be the essential element in the protection of software
Mahy, Kerzen. "La protection juridique des photographies." Thesis, Toulouse 1, 2016. http://www.theses.fr/2016TOU10075.
Full textReal issues regarding photographs exist when it comes to the difficulties met while exploiting copyright, but also as for the reluctances concerning the recognition of the original character of the photography. The judges face a difficult conciliation between the copyright, the rights of the images and the evolution of social networks on Internet. Every picture may be a work of art, only if it fills the criteria of originality. Images rights are protected by numerous articles, or sometimes it is put aside to derive profit from freedom of information or freedom of expression. Social networks are a consequence of the success of the digital technology, they introduce new possibilities of exposing each individual, of communication, of relationships and social interactions. Time, space and privacy take another dimension. It impacts the legal consequences of the right of users
Boizard, Maryline. "La protection juridique des inventions biotechnologiques." Rennes 1, 2000. http://www.theses.fr/2000REN10416.
Full textStatue law has allowed, as a principle, the right to take out a patent for living organisms. The European guideline related to the legal protection of the biotechnological inventions does not reconsider the enforcement with the right to patent this kind of innovation, it gives harmonization, but not only. Indeed, taking out patents for biotechnological inventions has entertained fears aroused by the development of the genetic engineering and the guideline has pointed those fears at the risk of introducing an ethical dimension dealing with the lettters patent right which does not have particularly a regard for the law. The European guideline also carries out an adjustement of the letters patent right so as to give the inventor the widest protection. However, as they are compelled to insert the guideline into the International sphere, the European authorities have to issued a text which reveals cetain inconsistencies that will be prejudicial to the guideline itself with the enforcement of the law linking the European members countries
Monelli, Yvan. "La protection juridique de l'investissement économique." Montpellier 1, 1996. http://www.theses.fr/1996MON10022.
Full textNew innovations, shall it be products or services, are steadily introduced on the market. Those innovations, called "economic values" by the legal doctrine, may be protected by intellectual property rules. The foresaid intellectual property set of rules, creator of monopolies, is concerned by competition law as the latter leads to the upholding of a workable competition environment. Parallel to the intellectual property set of rules, the "economic values" may be protected by case law, as a result of unfair competition. Therefore, the judge creates monopolies over unprotected "economic values" through intellectual property. The creation of such monopolies makes it then necessary to take into account antitrust law
Bouvet, Thomas. "La protection juridique de l'innovation végétale." Versailles-St Quentin en Yvelines, 2000. http://www.theses.fr/2000VERS0003.
Full textThis thesis studies all the rights available to protect, at any level, the creation of new plants or the research of new industrial applications for vegetal material. The first part of the thesis is dedicated to the study of intellectual property rights specific to plant innovation. The raison d'être of these rights is studied from a scientific, economic and legal perspective. Follows a detailed analysis of the rights available on the French territory, that is to say the French and Community Plant Breeders Rights. The second part of the thesis dials with the protection of vegetal innovation through non-specific intellectual property rights. Patent law is most particularly examined. But the use of contract, trademarks, quality label, designation of origin, design model and copyrigth is also considered. This global approach permits a critical and comparative study of Plants Breeders Rights and Patent law, which are the basis of the legal protection for plant innovation. It also allows to study the role played by these rithts in the economical environment of plant innovation and the way they can be associated with other non-specific rights to strenghen the protection
Sánchez, Cordero Dávila Jorge A. "Les biens culturels précolumbiens, leur protection juridique /." Paris : LGDJ, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/388930217.pdf.
Full textGarnier, Emmanuelle. "La protection juridique des créations du "Design"." Angers, 2003. http://www.theses.fr/2003ANGE0050.
Full textBouafia-Nguyen, Yamina. "La protection juridique du consommateur de médicament." Paris 2, 1988. http://www.theses.fr/1988PA02A002.
Full textThe purpose of the study is to follow the medication through from its invention up to the point at which it takes effect on the organism of the consumer, including in the long-term, and embracing the various stages such as tests, marketing, approval, production, advertising, prescription, delivery, information, protection, etc. . . A study is made for each stage into how the consumer is protected legally. The first part covers quality control of the medicament, and the second covers the consumption quality control aspect
Préaubert, Catherine. "La protection juridique de l'animal en France." Dijon, 1999. http://www.theses.fr/1999DIJOD014.
Full textBaucomont, Michel. "L'industrie et la protection juridique de l'environnement." Paris 2, 1991. http://www.theses.fr/1991PA020083.
Full textBouafia-Nguyen, Yamina. "La Protection juridique du consommateur de médicament." Lille 3 : ANRT, 1989. http://catalogue.bnf.fr/ark:/12148/cb376120889.
Full textMilet, Laurent. "La protection juridique des victimes d'accidents de trajet /." Paris : L.G.D.J, 2002. http://www.gbv.de/dms/sbb-berlin/351398171.pdf.
Full textMougeot, Jacques. "La protection juridique de l'environnement marin des Caraïbes." Bordeaux 1, 1992. http://www.theses.fr/1992BOR1D026.
Full textThe levels of urbanization and industrialization in the wider caribbean region are still relatively modest. Nevertheless, economic development has placed heavy demands on some areas along the coastlines of the region and there are many severely polluted locations. The increasing contamination of the marine environment in the caribbean seau has become more and more apparent. National authorities, research institutions, international organizations as well as many citizen groups has expressed their concern and foresteres the development of projects, strategies and legal instruments to safeguard de region's coastal and marine resources. The solution to the problems should be sought through action at the global level, as well as through national and regional pollution control measures. Hydrocarbon pollution coused by oil spills, tank ballast washings, dock operations and explorations sea still poses one of the major threats to the region. Large banana and coffee plantations are an important cause of pesticides contamination. Sewage in commonly being discharged without any treatment or after inappropriate treatment. Other growing concerns are the disposal of solid wastes and the transboundary movement of hazardous wastes. The economy, the health of population and the ecosystems are in danger
TCHENI, M'MAH. "L'assurance - protection juridique principes communautaires et droit compare." Lille 2, 1997. http://www.theses.fr/1997LIL20011.
Full textThe european directive of june 22nd 1987 has worked for the liberalization of the legal expenses insurance market and for the reinforcement of the insurant's protection. The legal expenses insurance is, as it is indicated in its name, an insurance which allows to protect oneself against litigation, in exchange with the payment of the insurance primium, the insurer commit himself to provide advice and to pay the justice charges in case of suit. The legal expenses insurance results in many interest conflicts and the mission of the directive of june 22nd 1987 is to reduce such conflicts. To achieve that mission, it has stated rules allowing a sound and clear treatment (administration) of risks in order to avoid interest conflicts between the insurers and the insurants. That same directive advocated binding clauses such as the insurant's free choice of a counsel and the arbitration in case of interest conflicts. The transposition of that directive in different national legislations shows that states (nations) are interested in that kind of insurance which constitutes a new means of access to law and justice. Some national legislations have emphasized the principles of the community by national autonomous rules
Ghorayeb, Chirinian Nadine. "La protection juridique des signes distinctifs sur Internet." Paris 5, 2003. http://www.theses.fr/2003PA05A001.
Full textThe birth and the growth of the Internet network have raised some legal problems. Indeed, the number of litigations concerning the use of trademarks, trade names, corporate names, label of origin, indications of origin, family names, pseudonyms, names, called in french "les signes distinctifs" hereinafter as "distinctive signs" has increased since then. Those distinctive signs may be used : within a web site, domain names, metatags, search engines etc. Domain name is a new kind of distinctive sign which appeared at the same time than the internet, and allows its access. For long, some thougt that the traditionnal legal protection rules would not insure enough protection to the distinctive signs. The courts have demonstrated the contrary while applying the traditionnal legal rules (law of torts, unfair competition, infringment etc) ; or they created a sui generis law in certain case. The courts have consequently built case law within the framework of domestic french law, and private international law. Subsequently, another alternative mode of resolving the disputes concerning certain distinctive signs used in the domain names, or in key words
Cruchaudet, Frédéric. "Les réseaux et la protection juridique de l'environnement." Lyon 3, 2001. http://www.theses.fr/2001LYO33001.
Full textMilet, Laurent. "La protection juridique des victimes d'accidents de trajet." Perpignan, 1998. http://www.theses.fr/1998PERP0312.
Full textThis thesis articulates around three axis. The preliminary book deals with the specialty of transfer accident which has been admitted through 1946' s law which gave to social security the administration of professionnal risks. Since, this juridical category has scattered in other legislations of internal right or foreign law. Book one regards the study of the quality of transfer accident in positive law. Case-law reaches tops of complexity due to the question of border between industrial injuries et common accident. This complexity could be overstepped if it is admitted that transfer accident is a risk of work. Book two deals with legal redress of transfer accident first distinctive through the contractual redress of the victim's prejudice. Though, in the line of the obligation of insuring motor vehicles, as in the case of an industrial injury being a traffic accident according to july 5. 1985 law, victims can get complete redress of their prejudice through a fuller claim against the person responsible of the accident. For the author, the prospective question is the question of full redress for all victims of professionnal risks. Transfer accident has been its conquering factor. Three ways are investigated: 10) step by step progression that has already started under the influence of the protection of traffic accident victims: empirical way, never ending and discriminant; 20) adding private insurance complementary contracts to the special law of industrial injuries ; 30) general amending of industrial injuries law in direction of full redress, as in 1985 law regarding victims of traffic accidents, which implies financing by risks producers
Desrousseaux, Maylis. "La protection juridique de la qualité des sols." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30080.
Full textThe soil is the upper layer of the earth’s crust, the plan surface that stretches from one horizon to the other. It is the crop lands, the scattering sand, the ground we trample on, the link between men and their territory: garden, region, state. The soils, those fragile and multifunctional ecosystems, provide many ecological services and guarantee the environmental quality. The law contains several conceptions of the notion of soils quality. But, far from constituting a protection status, this integration ignores, a priori, their environmental qualities. However, the soils are a finite resource and their non-sustainable use leads to their degradation, often irreversible, and to their growing scarcity. Progressively, the law added elements of soils multifonctionality, integrating sustainable practices. This utilitarian approach of soil quality proves to be selective and remains focused on the preservation of a small part of all the ecological services: the ones that men directly need, like food production and ignores the indirect ones like carbon storage. Nevertheless, this approach is complemented by the raising of an objectivist conception of quality, which reveals the propensity of the law to take into account the intrinsic value of soils
Zhao, Zhiyong. "La protection juridique du patrimoine culturel en Chine." Thesis, Clermont-Ferrand 1, 2013. http://www.theses.fr/2013CLF10408.
Full textChinese cultural heritage consists of a multitude of tangible and intangible assets. It embodies the vitality and creativity of the Chinese Nation, and also participates in the pursuit of Chinese civilization Cultural heritage is the main problem of contemporary Chinese society. According to political developments, legal measures have been adopted. Because of current challenges for the Government and local authorities, specific regulations have been put in place to ensure the protection of cultural heritage. They are constantly being added to and improved in with the Global Heritage phenomenon, under the Convention Concerning the Protection of World Cultural and Natural Heritage and the Convention for the safeguarding of Intangible Cultural Heritage. The application of the law for the protection of Cultural Relics and the law for the safeguarding of Intangible Cultural Heritage and the intervention of jug allow appreciating its effective range
Billet, Philippe. "La protection juridique du sous-sol en droit francais." Lyon 3, 1994. http://www.theses.fr/1994LYO33021.
Full textThe subsoil doesn't have a formal legal definition. In other scientific subjects,the usbsoil is not credited with just one definition. Yet,it does exist physically in content as well as in structure it's a natural element before serving as a support for human activities,or being submitted to the law. Its importance for the environment is such that it cannot be approach in terms of just its use or exploitation. A new legal preocupation,the subsoil protection must take into account a teleological approach. As property, the subsoil is confronted with the antagonism of public or private property right,which aims can be protection or destruction the subsoil can also be protected as a resource. By definition, its preservation is marked by ambiguity since it's nonetheless conceived in view of further exploitation. As archeological,geological and faunistic heritage,the subsoil benefits from different types of legal protection. However,most of them are scarcely developed, inadapted and mostly unknow
Doua, Marcel. "La protection juridique intégrée des forêts en Côte d'Ivoire." Thesis, Rennes 2, 2015. http://www.theses.fr/2015REN20009.
Full textThe Ivorian forest is facing advanced degradation. To preserve it, Côte d’Ivoire has drafted Law No. 65 - 425 dated 20 december 1965 on the Forest Code and its implementing regulations. But first legal instrument of protection was not as effective as expected. Indeed, sectoral scope , forest law can govern the entire forest area. Other sectoral legalization as the 1965 Law on hunting, the Water Code, the 1998 Law on rural land law will step in to fill the legislative gap in the forestry code. The result is a law on the forest and its uncoordinated and non-integrated resources, the consequences are obvious risks of overlapping jurisdiction, sources of conflict and blocking and duplication. To ensure appropriate legal framework for the protection of the Ivorian forest, this legal integration must take into account all socio-political and economic dimensions of forests, ensuring the participation of all stakeholders, allow the integration of text content and require a cooperation of management structures
Gauvin, Fanny. "Le litige, le juge et l'assureur de protection juridique." Nantes, 2009. http://www.theses.fr/2009NANT4016.
Full textAlbaghdadi, Yousef. "La protection juridique du patrimoine culturel en Lybie (1835-2017)." Thesis, Université Clermont Auvergne (2017-2020), 2017. http://www.theses.fr/2017CLFAD004/document.
Full textThe juristic protection of cultural heritage in Libya has been divided into two distinct periods. The first before 1869 was characterized by the absence of specific legislation. Apparent remains and transportable archaeological pieces were exposed to pillage and bargaining, while intangible heritage was transmitted through a popular memory that lost part of its cultural heritage over time. The second period, from the mid-nineteenth century, is marked for the Libyan heritage by a desire for protection. From 1869 to the present and after independence, it has had different stages and varying degrees in the preservation of cultural property from a legal point of view.This doctoral research is particularly interested in the last 150 years when the definition of the heritage and the vision of the Muslim law on the heritage were taken into account, because the religious heritage remains deeply in the minds of the people and constitutes an obstacle to the acceptance of several forms of cultural heritage.From the various powers that have been exercised in Libyan territory, it is possible to understand the contributions and limits, the influences and developments, the stakes and the actors, the normative provisions and their application during the Ottoman period, Italian occupation and finally the British military administration. These two European countries have focused on the protection of the tangible cultural heritage and its rediscovery. As in other areas, intangible heritage has received special attention from both administrations.After the proclamation of independence, interest in cultural heritage was lessened despite the many laws and resolutions promulgated favorable to the emergence of a national heritage law and intended to protect cultural wealth due to the discovery large quantities of oil. The country then directs its economy towards the exploitation of a rent implying the abandonment of the other resources of the country. The economy was privileged and the state gave no importance to the development of archaeological tourism.In addition, awareness of the importance of heritage as a constituent part of the cultural identity of the people has not been anchored in the minds of most citizens, in particular because of educational programs that do not Heritage issue. On the other hand, they were saturated with discriminatory nationalist subjects to combat internal and external cultural diversity. The propaganda of the old regime has tried to do so over the decades. With the collapse of the regime of Colonel Gaddafi in 2011, a new patrimonial legislation made it possible to take into consideration new areas. Possible developments can be expected from the influence of international conventions.This thesis, by analyzing the evolution of the legal protection of the Libyan cultural heritage and making available the normative corpus elaborated over the centuries, is a first step for future research on cultural heritage and more broadly on the question Of Libyan law
Assi, Rola. "Le régime juridique des investissements étrangers au Liban au regard de l’ordre juridique international." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1024/document.
Full textAny investment project is basically an act of faith on the part of the foreign investors based on the actions of the host State. Despite regional tensions and the narrowness of its domestic market, Lebanon still has many strengths and potential to occupy a pioneer position compared to neighboring countries. However, such a position requires a determined political will which must be reflected by the adoption of a national development strategy for the establishment of a competitive legal regime open to foreign investment and adapted to international standards. In a general context marked by a decline in foreign direct investment, Lebanon must advocate a policy that is attractive and adapted to the needs and expectations of foreign investors. This would require: first, the reform of the current legal environment of foreign investment through the adaptation of the legal corpus, then the implementation of a plan for systematic development based on international standards. Thus, the priority of the Lebanese authorities should consist in ending any possible obstacle in the internal market towards foreign investment. Despite some advantages, the current Lebanese legal regime for foreign investment is not enough to complete this objective due to structural weaknesses of the administrative and judicial systems. The country's degree of attractiveness remains disappointing due to certain limiting factors and constraints (tensions caused by internal and regional political turmoil). These obstacles seem to be the most difficult to overcome. Their abolition appears as a key prerequisite for attracting foreign investment in the country
Coste-Gouzes, Ophélie. "Contribution à l'étude juridique des collections privées." Thesis, Montpellier, 2017. http://www.theses.fr/2017MONTD042/document.
Full textThe art to collect crossed the centuries, the private collections are in particular at the origin of our cultural heritage. Nevertheless, in spite of the importance of the role of the collection, it still remains a set of things badly identified by the right. As together of things created by the will of the Man, the collection is not defined, and only ones certain collections are supervised by some measures.Besides, the private collections are fragile sets, they are a matter of the private property of their collector who is free to have it as he wishes it. The major risk of these sets lives in their dispersal and in the infringement on their integrity. Often worried of protecting the integrity and the coherence of his set, the collector must be able to benefit from protective legal tools adapted to the collection.Finally, what a collection? Means what this notion of collection and which right(s) can seize with it? Is our right able of protecting effectively a meeting of things as the private collection? In other words, the problem consists in answering the following question: what legal apprehension for the private collections?Therefore, the objective of the thesis is to try to identify a legal qualification of the collection to adapt better its protection. Indeed, the search gives for purpose to define the theoretical and legal foundations susceptible to be adapted to the work of the collector, to try to end in a regime of effective protection
Berger-Beche, Stéphanie. "L'organisation de la protection juridique des femmes victimes de violences." Lyon 3, 2004. http://www.theses.fr/2004LYO33016.
Full textThe women are particularly exposed with certain forms of violence. Under the terms of ONU General Assembly's Declaration 20th December 1993, this means the acts of violence directed against the female sex and causing or being able to cause to women an injury, a damage or physical, sexual or psychological sufferings, including the threat of such acts, the constraint or the arbitrary deprivation of freedom, whether in public life or in private life. It is within their love life that the women undergo the most psychological, physical and sexual violences. The concept of violence is broad since it includes at the same time the physical aggressions and the psychological pressures. This is particularly true about sexual violences which from now on include behaviours that don't require any physical contact between the author and the victim. These violences cannot be regarded as simply accidental in the relation between individuals but they must rather be apprehended like resting on historical, cultural, social and psychological factors. Indeed, each society invents cultural constructions which combine variously the female kind and the masculine kind. Thus, more than violences undergone by the women, it is a question of treating violences undergone by the female kind. This is why, to fight as well as possible against violences undergone by women, it is advisable to gum any trace of inequalities. Initially, a strict equality between men and women were stated. But the proclamation of the formal equality appeared insufficient for a concrete realization. That's why, for a few years, a specific policy in favour of women - including positive actions in their favour - has been developed. The protection of the women also passes by the criminal sanction of the author. This assertion can appear curious insofar as the first finality of the criminal sanction consists more in punishing the delinquent than in protecting the victim. However, the infringements indicate always more specifically the personal impact undergone by the victim. Moreover, for a few years, to place the victim in the centre of criminal procedure has become one of the top priorities of the legislator
LEPAGNEY, PHILIPPE. "Mesures de protection juridique dans une unite de long sejour." Nantes, 1993. http://www.theses.fr/1993NANT070M.
Full textJalal, Hind. "L'apport des conventions internationales à la protection juridique des logiciels." Nice, 1996. http://www.theses.fr/1996NICE0037.
Full textMorantin, Emie. "La protection juridique des jeux vidéo : approche comparatiste franco-canadienne." Master's thesis, Université Laval, 2019. http://hdl.handle.net/20.500.11794/34913.
Full textMialhe, Julie. "La protection juridique du cinéma entendu comme art : essai interdisciplinaire." Paris 10, 2008. http://www.theses.fr/2008PA100179.
Full textCinema law is constituted by a set of rules that contribute, in various ways, to the regulation of cinematographic creation and distribution. These rules represent two dimensions of the cinema, industrial and artistic. The subject matter of this doctoral thesis aims at bringing to light the way the legal system comprehends the cinema as an art and provides a legal protection accordingly adapted to this specificity. Such project requires analyzing the various rules set forth by cinema law, pertaining to various legal branches, from private law to public law, and from French national law to international law. More precisely, the purpose of this study is to question copyright law, government assistance law, competition law, rights related to personality, including European law, Law of the Council of Europe, the law of WTO and of UNESCO (these being cinema law’s main disciplines). It appears that the legal protection for the cinema, contemplated as an art, requires prior legal identification of the artistic identity of the cinematographic work. This identity finds its source from the culture related to the work, as well as from the author that assumes its creation. Furthermore, the legal protection of cinematographic art resupposes the protection of the artistic freedom of the author, by protecting him against any injury that may result from his partners, during the creation, and also from the exhibitors of the artistic work, during its distribution
Konate, Aenza. "L'Organisation de l'Unité Africaine et la protection juridique de l'environnement." Limoges, 1998. http://www.theses.fr/1998LIMO0461.
Full textOn June 16/1972 the united nations conference on environment adopted the Stockholm declaration on environment which sets forth as a first principle that: "man bears a solemn responsibility to protect and improve the environment for present and future generations". The principle of responsibility for the safeguard of the environment-an essential but technically awesome mission-was thus clearly recognized and did not escape the attention of international organizations. Wither of global or regional scope, these organizations confronted with the obvious limitations of states acting individually, have tried to set up a suitable institutional frame with a view to protecting the environment efficiently. Therefore, since the + African convention on the conservation of nature and natural resources; adopted by the organization of African unity at Algiers in 1968 is justifiably presented as a model in the field of the conservation of natural resources (see. Alexandre Charles kiss, droit international de environment, Paris, Pedone 1989, p. 31), it seemed important to try to reflect upon the role played by the OAU (established on May 25/1963 at Addis Ababa (Ethiopia)] with the goal of promoting the welfare of African populations through a satisfactory level of development and the juridical protection of the environment. This background led to the examination of the central issues which inform the present doctoral thesis. The author's thought brings to the fore, methodically and for the first time, the action of the OAU- a manifestation of African regionalism which generates great interest-either of a negative kind, denouncing its weaknesses, its uselessness even-or, less frequently, of a positive nature, celebrating its successes, undisputable in some fields-the OAU participates actively in the juridical protection of the environment on two fronts- juridically separated but ecologically related : at the African level and at the global level. Within the African framework, an analysis of OAU action underscores the essential role it played in establishing environmental law at the continental level (part. I). Besides, considering, and rightly so, that the fate of Africa cannot be dissociated from that of the rest of the world, it extended its action to reach global scope
Ouangango, Zatché Léon. "La protection juridique du consommateur en Centrafrique et en UDEAC." Bordeaux 4, 1996. http://www.theses.fr/1996BOR40034.
Full textThe custom and economic union of central africa is an organization created in 1964 in brazzaville, congo. Though it has got a rich subsoil, it keeps undergoing a constant deterioration of the conditions of consuming of its inhabitants, as protecting the consumer has not yet become a major theme of debate between specialists. In such a drastic context of goods scarcity amplified by the last devaluation of the cfa franc, we mainly aim at assessing the situation of the juridical protection of the consumer in central african republic first, then we'll try to point out its consequences before we can suggest some appropriate solutions thanks to some of the structures provided by the organization. In the process and among other measures we'll advocate the rereading of the traditional rules of the contract law, in order to try an adaptation to a real situation of an economy of sacrcity, which means, in fact, advocating a deep purification of business life at a national level and in the custom and economic union of central africa as well
Bernard, Jérôme. "Handicap mental et autonomie juridique : de la protection à l'émancipation." Thesis, Université de Lorraine, 2013. http://www.theses.fr/2013LORR0085/document.
Full textSince the law n°2005-102 of the 2005, february 11th, for equal opportunities and rights, participation and citizen of disabled persons, comes into effect, french Law knows a definition of the disability which, after a progressive gestation, shows off prospects and imposes originals requirements to the society. This law, which particulary lays stress on accesibility of buildings and informations, has been followed by the reform of the major's protection. The latter changes the measures of protection, in order that the autonomy of the majors be preserved, and reorients the procedure on the medical chapter.The handicapped person's autonomy will be focused on her rights regard to her body (consent to care, sexuality, sterilization...) and regard to the exercise of the personality rights (job, start a family, management of relating to peronal assets...). The aim is to show that an excessive protection could hinder the blossoming of the disabled person, whereas an absolute liberty could create abuses of weakness. So it is necessary to prove the idea that autonomy and protection concepts are not necessarily opposed. An appropriate protection preserves the mentally handicapped person's autonomy.Between protection and emancipation, purposes about this subject permit persons to exerce their rights, to develop a plan for life considering their vulnerability. They result in solutions and improvements, in information and traning for protected majors (their close relations, the Professional) and the institution which takes them in. Spins-off are expected at representations, individual and collective profits
Saidane, Aness. "L'évolution du cadre juridique de protection de l'environnement en algérie." Thesis, Toulon, 2016. http://www.theses.fr/2016TOUL0105.
Full textThe environmental law aims to study and to develop legal rules to protect, use, manage, understand or restore the environment. Algeria begins to be interested in degradation of environment since the 80's years. The law No. 83-03 of 5 February 1983 on the protection of the environment based on key principles of protection of environment including protection against various damages and pollution and on integration of environment protection into national planning. After two decades from the enactment of the law of 1983, the result is negative and no significant improvement was recorded in the field of environmental protection. The preparation work for the Law on environment protection enacted in 2003, revealed that Algeria does not have a strategy at both national and global conceming environment protection, such as ensure effective management of natural resources and their protection against all forms of pollution due to economic, natural and human factors. The Law of 2003 was an important legislative development in the field of protection of environment. In this context, was adopted the Law No. 03-10 of 19 July 2003 on protection of environment as part of sustainable development, in an international context characterized by the importance given to global problems of environment. Among the purposes of the law, there is also definition of the role of different stakeholders in the field of environment protection, including public administration and economic operators. The purpose is to define an environmental policy and propose elements and legal and institutional measures to strengthen the capacity of their taking care, then develop a framework of environmental basis, or a notion of shared responsibility, and participation of all economic actors to its application
Saidane, Aness. "L'évolution du cadre juridique de protection de l'environnement en algérie." Electronic Thesis or Diss., Toulon, 2016. http://www.theses.fr/2016TOUL0105.
Full textThe environmental law aims to study and to develop legal rules to protect, use, manage, understand or restore the environment. Algeria begins to be interested in degradation of environment since the 80's years. The law No. 83-03 of 5 February 1983 on the protection of the environment based on key principles of protection of environment including protection against various damages and pollution and on integration of environment protection into national planning. After two decades from the enactment of the law of 1983, the result is negative and no significant improvement was recorded in the field of environmental protection. The preparation work for the Law on environment protection enacted in 2003, revealed that Algeria does not have a strategy at both national and global conceming environment protection, such as ensure effective management of natural resources and their protection against all forms of pollution due to economic, natural and human factors. The Law of 2003 was an important legislative development in the field of protection of environment. In this context, was adopted the Law No. 03-10 of 19 July 2003 on protection of environment as part of sustainable development, in an international context characterized by the importance given to global problems of environment. Among the purposes of the law, there is also definition of the role of different stakeholders in the field of environment protection, including public administration and economic operators. The purpose is to define an environmental policy and propose elements and legal and institutional measures to strengthen the capacity of their taking care, then develop a framework of environmental basis, or a notion of shared responsibility, and participation of all economic actors to its application
Guigue, Sophie. "L'approche juridique du trouble mental." Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10062/document.
Full textThe persons affected by mental disorders and illnesses, as persons given the legal personality, have rights. The mental illnesses and the intellectual deficiencies having incidences on the perception of the reality, the consciousness and/or the intellectual abilities of the person, entail inevitably consequences on the capacity to will or to decide. Taking this acknowledgement into consideration, the legislator has set up rules providing the protection of the person and of his goods, while respecting the person's autonomy. There are also legal provisions facilitating the autonomy of the disabled persons. Moreover, the change in judgment of the person has consequences on the person's civil and penal liability. Furthermore, as vulnerable person, the person affected by mental disorders and illnesses needs protection. In accordance with the principle of the respect of dignity, laws and regulations guarantee a specific protection of the body and of the person. Laws and regulations also cover the hospitalization under constraint required by the care of mental disorders
Ruan, Yehai. "Le cadre juridique de l'investissement direct étranger en Chine." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1021.
Full textSince the economic reform and opening of China in 1978, Chinese economy continued to grow at a rapid pace. Foreign investment has played an important role in China’s economic development. China has become the second largest economy in the world. This positive result is based on the tax benefits of foreign investment and low cost of labor. Today, these benefits are less important. A foreign investor attaches more importance to the legal environment than labor costs and tax benefits. Following the gradual loss of political advantage and market in China, the competition in the investment environment, including the legal environment of the host country, will become an important measure to attract foreign investment. Also adjusting the system of the Chinese investment law is necessary and urgent. The law of foreign investment has two aspects: the protection and restriction of FIE. A perfect system of investment law implies a balance between these two aspects. In this thesis, we want to study the French law and international law in order to analyze the relationship between the restriction and protection of FIE in Chinese law. We do not propose, in this thesis, covering all areas of the investment law in China. Instead, we wish to clarify the influence of some of the most important factors in the matter
Dugré, Dominic. "La protection in situ de la biodiversité au Québec, étude juridique." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0020/MQ49015.pdf.
Full textProvost, Anne. "La protection internationale de l'environnement : ordre juridique et ordre écologique international." Tours, 2004. http://www.theses.fr/2004TOUR1002.
Full textNaturalism is influencing the protection of the nature. The modalities and the effects of its meeting with the law have to be research, only the law guaranteeing its efficacy and its effectivity. Their meeting is little probable, the proceedings of international law being used in order to formulate the source of the law, the norms and for their efficacy. So, what law allows is not always what morale reprobates. The institutional and jurisdictional architecture have to be modified. A new subject of law, the Nature, a moral person, is consecrated, but not the human beings, real actors of the protection of the nature; State is reconsidered for he has to act as trustee of the Nature. The protection of the nature does not create neither a material extension of international law, nor an autonomous law consecrating a new juridical order. It distinguishes the state-matters and those implicating the human beings, justifying their presence out of the national frame
Ihrai, Othman. "La protection juridique des créations immatérielles à l'ère de l'économie numérique." Nice, 2009. http://www.theses.fr/2009NICE0028.
Full textIn the context of globalization and ICT development, protection of intangible creations has become a universal issue. But the international law of intellectual property is largely inspired by a long process initiated in the first industrialized countries. Developing countries, who do not always have convergent interests, are questioning some of its provisions. So, to try to understand the problem in all its complexity, it is necessary, using a comparative approach, to examine the mechanisms of protection at the three levels, international, regional and national. Because there is much overlap between these levels we will focus our attention on the study of a few significant cases. The protection of intangible creations falls, internally, within the scope of private law, criminal law and civil law, but it also concerns commercial law, business law, etc. . . Internationally, this protection fits international private law. The scope of copyright continues to expand due to the development of knowledge society and innovation. Thus, we will pay particular attention to copyright rather than to patent rights, because, first, it seems more seriously threatened by the development of ICT and, secondly, because industrial property enjoys an older, and more effective protection, though more easily circumvented. Some wonder if the simplification of protection would not contribute to better protection. The complexity of mechanisms of protection is, apparently, at the source of the difficulties faced by the law on intellectual property in its adaptation to new constraints. Should we not relax these rights, making them more flexible by restricting them to the specific object of the law, which would allow for a better targeted and a more effective protection? The question then becomes centered on copyright protection. We know that, internally, copyright enjoys the protection of civil and criminal law. But the protection of intangible creations raises also economic, social and cultural issues. Is it possible to use ancillary means of protection to complement criminal and civil law? Is it possible, in agreement with those who call for a decriminalization of business law, to consider quasi-criminal penalties? Finally, can we effectively implement protection mechanisms at international and regional levels?
Zouag, Sonia. "L’accompagnement dans la protection juridique des majeurs : une notion en devenir." Thesis, Lyon 3, 2015. http://www.theses.fr/2015LYO30040.
Full textThe law of March 5th, 2007 made the issues of protection and autonomy of the person the anchor point of the reform. Yet in doing so, the legislature has developed a paradoxical order - to protect and give autonomy to protected adults - thus positioning the guardian at the same time as a constraint for the protected adults and as the guarantor of their freedoms. The guardian has to respect the freewill of the major while also enforcing it (P. Bouttier, 2012). In such circumstances, one wonders how the agency relationship between the guardian and the protected person can work. Indeed, how can the guardian render the protected adult his/her capacity while protecting him/her ? Does promoting the expression of the will, and therefore the autonomy of the protected adult, lead to a disengagement of the protective body ? Do the traditional protective methods still have their place in this tutelary system ? Or does the autonomy rendered to the protected adult require to reconsider it ? We guess behind these questions the traces of a new legal figure attributed to the body in charge of their protection. This body should no longer ignore the protected adult’s will as it would have to integrate it into the decision-making process. Ultimately, the protection system is renewed and transformed to admit another alternative : the accompaniment of the protected adult. The accompaniment is not a trend. It is symptomatic of our post-modern society in which the paternalistic model is gradually replaced by a collateral model (fraternal). It is in this respect a proven and recognized professional posture claimed by the "tutelary" professional environment, especially by the judicial representatives for protected adults. However, the legislature has not considered such accompaniment, nor even defined it. Certainly, it did not take the full measure of this daily practice. Probably that behind this strange term is also hidden a plural posture that is hardly comprehensible to the law
Keita, Capitolin Yasmina. "Les Temps de la protection juridique de l'environnement d'une mer régionale : modèle d'éco-protection de l'aire Caraïbe." Antilles-Guyane, 2006. http://www.theses.fr/2006AGUY0165.
Full textThe legal protection of marine environment developed through universal means before being resolved by a regional approach. The regional area of the Caribbean, made up of the marine milieu of the Gulf of Mexico, the Caribbean Sea and the adjacent zones of the Atlantic Ocean,validates this evolution, to the measure of the legal instruments which mark it. Of course, this evolution has not been spared by constraints, and the rhythm of priorities is definitely supported in the search for a protection, the only and necessary source of which remains the legal norm. It nevertheless remains that these peak moments mainly dedicated to the determination of the issue deserve a support adequate to the issue at stake. As a matter of fact, the protection brought forward by the international community must simultaneously be coordinated by structural executive means and necessary accompanying process. Within the scope of the determination of the issue,efforts are deployed in order to achieve the protection without loosing sight of the aim to be achieved. For the neighbouring States, as well as the international communiy, the objective of protection requires coherence and coordination in the long term. This dual movement together makes up a regional eco-protection model
Langlais, Alexandra. "Quel statut juridique pour les dechets agricoles ?" Nantes, 2001. http://www.theses.fr/2001NANT4012.
Full textDe, Mol Marie-Madeleine. "La protection de l'enfant." Nice, 1992. http://www.theses.fr/1992NICE0028.
Full textAntao, de Oliveira Dias Marialice. "La protection juridique de la faune sauvage en droit brésilien et français." Limoges, 2011. http://www.theses.fr/2011LIMO1011.
Full textA presente pesquisa tem por finalidade delinear aspectos relevantes que permeiam a efetiva utilização na tutela jurídica do bem ambiental fauna silvestre. Serão bordados, pontos relativos à fauna silvestre e sua diferenciação com outros tipos classificatórios e o direito comparado brasileiro e francês. Monstrar os conflitos que ocorrem acerca das competências e responsabilidades relativos aos danos causados à fauna silvestre, sobretudo no que tange ao sistema conômico, que ao apropriar-se de forma irracional da fauna silvestre, provoca a extinção desse bem indispensável à vida no Planeta, na maioria das vezes de forma irreversível. A biopirataria será exposta como um câncer na continuidade das espécies faunísticas, como também uma agressão aos princípios gerais do direito ambiental
Martin, Justine. "La protection juridique du livre numérique : l'élaboration du régime d'un bien complexe." Thesis, Université Grenoble Alpes (ComUE), 2019. http://www.theses.fr/2019GREAD007.
Full textAs the result of the digital book transition, the digital book is a part of the dynamic initiated by Internet and new technologies, which illustrates the issues that must face the litteracy creation.Sometimes qualified as an intellectual work, sometimes as a cultural product, the digital book has some difficulty to find his place in the french judicial landscape. Even if a lot of measures have been implemented - both on Copyright (adoption of a new publishing agreement) and Culture Law (adoption of a law about the unique price of Digital Book) – many issues remain without any answers.The thesis's objectives are to find the legal qualification of the Digital Book, then, to determinate the legal statut of the Digital Book. On a more global basis, this thesis will lead us to know if the Copyright Reform launched by the European Commission is the best answer to the digital book transition
Rafolisy, Patrick Yves Nöel. "Protection juridique de l'intégrité morale et développement durable : Le cas de Madagascar." Limoges, 2008. http://aurore.unilim.fr/theses/nxfile/default/96b378da-c972-4a5c-adff-0c1d2078cce8/blobholder:0/2008LIMO1002.pdf.
Full textTo succeed sustainable development, a major challenge for the international community, require a global change of behaviours. Other new values, than peace and the liberty, deserve to be universally respected. Moral integrity appears as one of fundamental values to protect in order to guarantee the sustainability of development. In this sense, good institutions are suitable for that change. However, in many countries, particularly the developing ones, institutions are depraved notably by corruption. Hence, protection of the integrity has been assured mainly by penal repression of corruption phenomena, considered like major obstacles to development. As the Madagascar case-study tends to demonstrate it, the dominant penal approach is proved to be impotent to control corruption, which becomes systemic and generalized through the time. This deficiency is considered as the result of an insufficient taking over of integrity and ended up in impoverishment of the country. Even after the 2004 reform, criminal law still tends to privilege protection of public office by the strict control of its agents but to the detriment of others. This double standard is designated like one of the factors determining the regression of Integrity in the scale of socially protected values. Thus, criminal law should be one of the elements of a strategy that takes it in account of a balanced manner with the other tools of general or specific prevention. Also, one agrees to have a more egalitarian protection in penal frame but differentiated in institutional setting
Bretesché, Thibault. "L'introduction d'espèces exotiques et la protection de l'environnement : étude d'un système juridique." Nantes, 2008. http://www.theses.fr/2008NANT4023.
Full textThe introduction of exotic species is the second cause of extinction of biodiversity in the world and a main driver of global change. The national and international regulation of the introduction of exotic species is mostly incomplete and fragmented. For a long lime, this aggregate of law and policy has formed a complex and disorganized legal system. Using a systemic approach, our study demonstrates the emergent evolution of this system in a comprehensive, organized and integrated system of national and international law whose objective is the protection of the environnent. The evolution of this legal system is fostered by its interactions within an environnent of legal and scientific knowledge in a context of environmental global change and economic globalization
Elahwany, Mohamed Gamal. "La protection de la minorité dans la société anonyme : étude juridique comparée." Lyon 3, 2005. http://www.theses.fr/2005LYO33019.
Full textSinou, Despina. "L'Union européenne, acteur juridique de la protection internationale des droits de l'homme." Paris 2, 2007. http://www.theses.fr/2007PA020067.
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